President Obama Announced a New Deferred Action Program

Attention Farmworkers:President Obama Announced a New Deferred Action ProgramWARNING! AVOID IMMIGRATION FRAUD: THE PROGRAM HAS NOT STARTED YET

On November 20, President Obama announced a new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program for parents who have been in the US since before January 1, 2010 and who have a child who is a US citizen or a Lawful Permanent Residents (LPR). The President is also expanding the DACA program.

The DAPA Program

Provides protection from deportation for three years

Allows applicants to apply for work authorization that lasts three years.

Participants may re-apply after three years

Does NOT grant individuals permanent immigration status. The program may change or be terminated in the future.

Participants may also apply for a social security number and, in some states, may apply for a driver’s license.

NOTE: There is NO application process yet. The application process will start around May 2015.

DAPA Program Eligibility Requirements

You may be eligible if:

You have least at one child of any age who is a US citizen or LPR, and who was born on or before November 20, 2014;

You have continuously lived in the US since before January 1, 2010;

You were in the US and out of status on November 20, 2014; and

You have not been convicted of certain crimes or engaged in certain illegal activity.

The application cost will be $465.

Changes to DACA Eligibility

The DACA program remains open to applications. Beginning around February 20, 2015, the following expanded criteria will take into effect:

You came to the US before the age of 16 (there is no longer an upper age limit to apply);You have continuously lived in the US since before January 1, 2010;

You meet certain educational criteria, such having a high school diploma or enrolling in an adult education class, including certain vocational education, ESL or GED classes;

You have not committed certain crimes or engaged in certain illegal activity; and,

You have no lawful status as of June 15, 2012.

The period of deferred action and work authorization has been changed to three years instead of two years for new applications and renewals.

How to Prepare for the DAPA Program

Start Gathering Documents Now to Help Prove Eligibility

Proof of your identity: such as your passport, matrícula consular, or birth certificate and a photo ID. Visit your country’s consulate to obtain one of these documents if you do not already have them.

Proof that you were in the US on November 20, 2014: Provide proof that you were in the US on a date as close as possible to Nov. 20, 2014. See the list of examples below.

Proof that you have a US citizen or LPR child: For example, your child’s birth certificate with your name on it.

Proof that you have been in the country for at least 5 years since before January 1, 2010: Collect documents that include your name and date to show you have been in the US since before January 1, 2010 up to the date of your application.

Examples of documents that may be used to show presence in the US:

Proof of employment: W-2s, tax returns, pay stubs or other pay receipts from your jobs (past and present); photocopies of checks if you are paid by check; letter from your current employer on their letterhead stating the dates of employment

Driver’s license or photo ID (the date issued on the card can be used)

School records or other attendance certificates (if it is your child’s record, it should have your name on it)

CAUTION: AVOID IMMIGRATION FRAUD

No one can apply for the new DAPA program yet. Some people may try to take advantage of you or others by giving incorrect or misleading legal advice for a fee. If you are not sure if the person offering to help you is telling the truth, check with another reliable source, like a church or a trusted community organization. Remember, in the US, notarios públicos are not lawyers and cannot give you legal advice or fix your immigration papers.